Cabin Fee Act of 2010 - (Sec. 3) Requires the payment of an annual "cabin user fee" by a "cabin owner." Defines: (1) "cabin user fee" as the annual fee paid to the United States by a cabin owner pursuant to an authorization for the use and occupancy of a cabin on National Forest System land derived from the public domain; (2) "cabin owner" as a person authorized to use and occupy a cabin on National Forest System land derived from the public domain or a trust, or an heir or assigns of such a person; and (3) "cabin" as a privately built and owned recreation residence and related improvements on National Forest System land derived from the public domain that is authorized for private use and occupancy and may be sold or transferred between private parties.
Directs the Secretary of Agriculture (USDA) to set initial fees in a prescribed manner.
Directs the Secretary, upon the completion of the current appraisal cycle, to assign each permitted lot on National Forest System land to one of five value tiers.
Requires each appraised lot value to be adjusted or normalized for price changes from its date of value as specified before being assigned to a tier.
Assigns permitted cabin lots an interim fee of $4,000 or their current annual fee, whichever is less, until they are assigned to a tier.
Requires the current appraisal cycle to be completed within three years of enactment of this Act. Makes the initial cabin user fees required under this Act effective after the completion of such cycle.
Requires, if it is determined upon assignment to a tier, that the fee charged to a cabin owner during the preceding three years resulted in an overpayment or underpayment that totals more than $500, the fee for the following three years to be adjusted upon request, as necessary to correct the overpayment or underpayment.
Provides for annual adjustments to the cabin user fees.
Requires a reduction in the cabin use fee to $100 per year if access to a cabin is significantly impaired, whether by catastrophic events, natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied. Makes such a fee effective for the remainder of the year in which the destruction occurred and until such time as the cabin may be reoccupied and normal access to it has been restored.
(Sec. 4) Requires payment of a "cabin transfer fee" to the United States upon the transfer of a cabin between private parties for money or other consideration.
(Sec. 5) Requires the Secretary to retain revenues from cabin user fees and cabin transfer fees necessary to cover costs incurred by the Forest Service in administering the Recreation Residence Program.
Limits the total amount of such revenues that may be retained in a fiscal year to $500 for each cabin.
(Sec. 6) Grants cabin owners the right to an administrative appeal of a determination with regard to a new cabin user fee, fee tier, transfer fee, or whether on not to reduce a fee for a cabin that is significantly impaired.
Provides for judicial review of final decisions of the Secretary made under this Act.
(Sec. 7) Prohibits anything in this Act from limiting or restricting any right, title, or interest of the United States to any lands or resources.
Bars the Secretary from establishing or imposing a cabin user fee or a condition that affects a cabin user fee in Alaska which is inconsistent with the provision under the Alaska National Interest Lands Conservation Act (ANILCA) concerning the effect of such Act on the renewal or continuation of existing valid cabin leases or permits on federal lands.
(Sec. 8) Requires the Secretary to promulgate regulations by December 31, 2012, to carry out this Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4888 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4888
To revise the Forest Service Recreation Residence Program as it applies
to units of the National Forest System derived from the public domain
by implementing a simple, equitable, and predictable procedure for
determining cabin user fees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2010
Mr. Hastings of Washington (for himself, Mr. Costa, Mr. Bishop of Utah,
Mr. McClintock, Mrs. Lummis, Mr. Radanovich, Mrs. McMorris Rodgers, Mr.
Simpson, Mr. Nunes, Mr. Chaffetz, Mr. Rehberg, and Mr. Herger)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To revise the Forest Service Recreation Residence Program as it applies
to units of the National Forest System derived from the public domain
by implementing a simple, equitable, and predictable procedure for
determining cabin user fees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cabin Fee Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authorization.--The terms ``authorized'' and
``authorization'' refer to the issuance of a special use permit
for the use and occupancy of National Forest System land
derived from the public domain by a cabin owner under the
Recreation Residence Program.
(2) Cabin.--The term ``cabin'' means a privately built and
owned recreation residence and related improvements on National
Forest System land derived from the public domain that is
authorized for private use and occupancy and may be sold or
transferred between private parties.
(3) Cabin owner.--The term ``cabin owner'' means a person,
heir, trust, or assignee authorized to use, occupy, and dispose
of a cabin on National Forest System lands derived from the
public domain or an heir or assignee of such a person.
(4) Cabin transfer fee.--The term ``cabin transfer fee''
means a fee paid to the United States upon the transfer of a
cabin between private parties for money or other consideration.
(5) Cabin user fee.--The term ``cabin user fee'' means an
annual fee paid to the United States by a cabin owner pursuant
to an authorization for the use and occupancy of a cabin on
National Forest System land derived from the public domain.
(6) Current cabin user fee.--The term ``current cabin user
fee'' means the most recent cabin user fee, which results from
an annual adjustment to the prior cabin user fee under section
3(d).
(7) Lot.--The term ``lot'' means a parcel of National
Forest System land derived from the public domain on which a
person is authorized to build, use, occupy, and maintain a
cabin.
(8) National forest system land.--The term ``National
Forest System land'' is limited to National Forest System land
derived from the public domain.
(9) Recreation residence program.--The term ``Recreation
Residence Program'' means the Recreation Residence Program
established pursuant to the last paragraph under the heading
``FOREST SERVICE'' in the Act of March 4, 1915 (38 Stat. 1101,
chapter 144; 16 U.S.C. 497).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(11) Typical lot.--The term ``typical lot'' means a cabin
lot, or group of cabin lots, in a tract that is selected for
use in an appraisal as being representative of, and that has
similar value characteristics as, other lots or groups of lots
within the tract.
SEC. 3. CABIN USER FEES.
(a) Payment of Cabin User Fees.--
(1) Annual payment.--A cabin user fee shall be paid
annually by the cabin owner.
(2) Installments.--Payment of the cabin user fee for a year
may be made in two installments.
(b) Initial Cabin User Fees.--
(1) Establishment.--The Secretary shall establish initial
cabin user fees in the manner required by this subsection.
(2) Assignment to value tiers.--The Secretary shall assign
each permitted lot on National Forest System land to one of
five tiers based on the most recent appraised value of the
typical lot to which the permitted lot is assigned, as of the
date of the enactment of this Act. The tiers shall be arranged
according to relative lot value, with lots having the lowest
appraised value assigned to Tier 1 and lots having the highest
appraised value assigned to Tier 5. The number of lots (by
percentage) assigned to each tier is specified in the table
contained in paragraph (3) and is intended to achieve fairness
and affordability. The cabin user fee assigned shall be based
on the particular tier in which a lot is placed, as specified
in the table contained in paragraph (3).
(3) Table of initial cabin user fees.--The initial cabin
user fees, based on the assignments made by the Secretary under
subsection (b), are as follows:
------------------------------------------------------------------------
Approximate Percent of
Fee Tier Permits Nationally Fee Amount
------------------------------------------------------------------------
Tier 1 10% $500
------------------------------------------------------------------------
Tier 2 35% $1,000
------------------------------------------------------------------------
Tier 3 40% $2,000
------------------------------------------------------------------------
Tier 4 10% $3,000
------------------------------------------------------------------------
Tier 5 5% $4,000.
------------------------------------------------------------------------
(4) Effective date.--The initial cabin user fees required
by this subsection shall take effect beginning with the first
calendar year beginning after the date of the enactment of this
Act.
(c) Overpayments or Underpayments.--
(1) Overpayments.--If the initial cabin user fee
established for a cabin for the calendar year specified in
subsection (b)(4) or the current cabin user fee in effect for a
subsequent year is less than the amount of the cabin user fee
already paid by the cabin owner for that calendar year, the
Secretary shall remit to the cabin owner any difference that is
$25 or more between the amount of the cabin user fee already
paid for that calendar year and the amount of the initial cabin
user fee or current cabin user fee, whichever applies.
(2) Underpayments.--If the initial cabin user fee
established for a cabin for the calendar year specified in
subsection (b)(4) or the current cabin user fee in effect for a
subsequent year is more than the amount of the cabin user fee
already paid by the cabin owner for that calendar year, the
Secretary shall collect from the cabin owner any difference
that is $25 or more between the amount of the cabin user fee
paid already paid for that calendar year and the amount of the
initial cabin user fee or current cabin user fee, whichever
applies.
(d) Annual Adjustments of Cabin User Fee.--The Secretary shall use
changes in the Implicit Price Deflator for the Gross Domestic Product
published by the Bureau of Economic Analysis of the Department of
Commerce, applied on a five-year rolling average, to determine and
apply an annual adjustment to cabin user fees.
(e) Effect of Destruction, Substantial Damage, or Loss of Access.--
If a cabin is destroyed or suffers substantial damage (greater than 50
percent), or if access to a cabin is significantly impaired, whether by
catastrophic events, natural causes or governmental actions, such that
the cabin is rendered unsafe or unable to be occupied as a result, the
Secretary shall reduce the cabin user fee for the affected lot to $100
per year. This fee shall be in effect for the remainder of the year in
which the destruction occurs and until such time as the cabin may be
lawfully reoccupied and normal access has been restored.
SEC. 4. CABIN TRANSFER FEES.
(a) Payment of Cabin Transfer Fees.--In conjunction with the
transfer of ownership of any cabin, the transferor shall file with the
Secretary a sworn statement declaring the amount of money or other
value received, if any, for the transfer of the cabin. As a condition
of the issuance by the Secretary of a new authorization for the use and
occupancy of the cabin, the transferor shall pay, or cause to be paid,
to the Secretary a cabin transfer fee in an amount determined as
follows:
----------------------------------------------------------------------------------------------------------------
Consideration Received by Transfer Transfer Fee Amount
----------------------------------------------------------------------------------------------------------------
$0 to $250,000 $1,000
----------------------------------------------------------------------------------------------------------------
$250,000.01 to $500,000.00 $1,000 plus 5% of consideration in excess of $250,000
up to $500,000
----------------------------------------------------------------------------------------------------------------
$500,000.01 and above $1,000 plus 5% of consideration in excess of $250,000
up to $500,000 plus 10% of consideration in excess of
$500,000.
----------------------------------------------------------------------------------------------------------------
(b) Index.--The Secretary shall use changes in the Implicit Price
Deflator for the Gross Domestic Product published by the Bureau of
Economic Analysis of the Department of Commerce, applied on a five-year
rolling average, to determine and apply an annual adjustment to the
cabin transfer fee threshold amounts ($250,000.01 and $500,000.01) set
forth in the table contained in subsection (a).
SEC. 5. ALLOCATION OF CABIN USER FEE AND CABIN TRANSFER FEE REVENUE.
The Secretary shall retain the amount of revenue from cabin user
fees and cabin transfer fees necessary to fully cover the costs
incurred by the Forest Service to administer the Recreation Residence
Program. Revenue collected in excess of that amount shall be deposited
in the Treasury.
SEC. 6. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Right of Appeal.--Notwithstanding any action of a cabin owner
to exercise rights in accordance with section 7, the Secretary shall by
regulation grant the cabin owner the right to an administrative appeal
of the determination of a new cabin user fee.
(b) Judicial Review.--A cabin owner that contests a final decision
of the Secretary under this Act may bring a civil action in United
States district court.
SEC. 7. CONSISTENCY WITH OTHER LAW AND RIGHTS.
(a) Consistency With Rights of the United States.--Nothing in this
Act limits or restricts any right, title, or interest of the United
States in or to any land or resource.
(b) Special Rule for Alaska.--In determining a cabin user fee in
the State of Alaska, the Secretary shall not establish or impose a
cabin user fee or a condition affecting a cabin user fee that is
inconsistent with 1303(d) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3193(d)).
SEC. 8. REGULATIONS.
The Secretary shall promulgate regulations to carry out this Act
not later than the effective date specified in section 3(b)(4).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Subcommittee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 111-604.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 111-604.
Placed on the Union Calendar, Calendar No. 349.
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